Boyle v. . Bush Terminal R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 24, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover the value of certain goods delivered to defendant, a common carrier, and alleged to have been destroyed through its negligence. Defendant pleaded a special contract limiting its liability. The further material facts are-stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 24, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover the value of certain goods delivered to defendant, a common carrier, and alleged to have been destroyed through its negligence. Defendant pleaded a special contract limiting its liability. The further material facts are-stated in the opinion. It may not now be questioned that a common carrier can limit its liability in an amount less than the actual value of a…
1Opinion of the CourtMiller, J.
The decision of this appeal turns on the construction and effect of the following special contract entered into between shipper and carrier indorsed on the bill of lading and signed by the shipper:
“ The consignor of this property has the option of .shipping same at a higher rate without limitation as to value in case of loss or damage from causes which would make the carrier liable, but agrees to the specified‘valuation named in case of loss or damage from causes which would make the carrier liable, because of the lower rate thereby accorded for transportation.”
The value of the shipment was…
2Cases cited8 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Tewes v. North German Lloyd Steamship Co.New York Court of Appeals · 1906
- Greenwald v. . BarrettNew York Court of Appeals · 1910
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3Cited by20 opinions
- Melodee Lane Lingerie Co. v. American District Telegraph Co.New York Court of Appeals · 1966
- D'Utassy v. . BarrettNew York Court of Appeals · 1916
- Burke v. . Union Pacific R.R. Co.New York Court of Appeals · 1919
- Honig v. RileyNew York Court of Appeals · 1926
- Kilthau v. International Mercantile Marine Co.New York Court of Appeals · 1927
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